Parâmetros objetivos para a concessão de alimentos frente a casamentos efêmeros desprovidos de filhos: uma nova constituição familiar favorecida pela Emenda Constitucional 66/2010

Abstract

The main objective of the study is to analyze based on the Constitutional Amendment 66/2010, the objective limits that should be considered in granting alimony to spouses without offspring whose marriage only lasted for a small period of time, here called contemporary family. To facilitate the construction of these limits it examines the formal and functional aspects of the contemporary family model. Based on IBGE data it verified the impact of this amendment on the number of divorces. It argues that the right and duty to alimony must be differentiated in contemporary families due to the specific functionality of these. In these families made and unmade in a tiny space of time, the supportive-affective ties were not fully made since it takes a reasonable time for them to be formed . Thus, family solidarity was not totally constructed, and that should be reflected in the weighting this fundamental principle with the fundamental principle of freedom to determine the allocation of alimony. Solidarity, therefore, is no longer seen without restriction. It also seeks an alternative to the granting of permanent alimony, namely, the provision of these by inbred family and not the ex-spouse. It also shows that in some specific temporary cases the provision at alimony by the ex-spouse could be considered if required along with divorce, and not after it. It demonstrates the reasonableness of temporary alimony becoming the rule in the Civil Code, as the trend is adults over eighteen and that able to work should have no duties to each other. And finally, emphasizes the need for moral behavior on the part of the one receiving alimony and demonstrates which behavior are to determine a possible exclusion of alimony. When complete it shows the need for further changes.